July 11 CBP Bulletin Proposes to Modify Rulings on Dish Tables, Decorative Glassware
In the July 11 Customs Bulletin (Vol. 52, No. 28), CBP published notices that propose to modify rulings and similar treatment for soiled and undercounter dish tables and decorative glassware with lids.
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Comments on Proposals Due Aug. 11
CBP said consideration will be given to any written comments received by Aug. 11 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Dish Tables
| Item: Soiled dish tables and under counter dish tables. Collectively known as “food service dish tables," they are used in restaurants and food preparation facilities to stage and rinse dirty dishes and utensils before placing them in dish washing machines |
| Current: 7324.10.00, 3.4%, “Sanitary ware and parts thereof, of iron or steel: Sinks and wash basins, of stainless steel," under Generalized Rule of Interpretation 3(a). |
| Proposed: 7324.10.00, 3.4%, “Sanitary ware and parts thereof, of iron or steel: Sinks and wash basins, of stainless steel," under GRIs 1 and 6. |
| Reason: CBP had originally ruled that the dish tables were classifiable as both sanitary ware and as furniture, and classified them under GRI 3(a) under the subheading that provided the more specific description. The agency now says the dish tables are not furniture because they are fixed to a wall and a dishwasher and are not moveable. |
| Proposed for modification: NY N278687 (2016) |
| Proposed new ruling: HQ H281936 |
Decorative Glassware With Lids
| Item: Articles of glassware designed to hold a candle. After importation the glassware is filled with a wick and wax. They are imported with lids made of either glass or plastic. |
| Current: 9405.50,40, 6%, “Other non-electric lamps and lighting fittings.” |
| Proposed: 7013.99.50, 30%, “Other glassware of a kind used for indoor decoration, valued over $0.30 but less than $3 each.” |
| Reason: The candle holders are not classifiable in heading 9405 alongside candelabras, candlesticks or candle brackets because they do not possess physical features that would serve to hold a candle securely in place such as sockets, cups or spikes. As decorative glassware they are classifiable in heading 7013. |
| Proposed for revocation: NY N036984 (2008), NY N110556 (2010) |
| Proposed new ruling: HQ H286689 |